Sorry I see absolutely no reason why either
1. it is necessary to transfer data to the USA to fulfil an employment
contract - nice for the employer maybe but necessary -I don't think so. the
sort of necessity the Act has in mind is e.g names for a holiday, credit
card details for a hotel booking etc.
2. why an employee should have to assume his or her data was to be
transferred and should thus be deemed to have given consent.
If you are relying on either of these conditions I strongly suggest you
think again.

Alasdair Warwood

----- Original Message -----
From: Wright, Tim M <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, April 18, 2001 1:45 PM
Subject: Re: 8TH PRINCIPLE/SAFE HARBOUR AGREEMENT


> Our company is in a similar position to yours. The generally held view in
> the US (not necessarily our company!) is that Safe Harbor (sic) is too
> expensive and cumbersome to implement. However if the US company *does*
sign
> up to the principles, it's my understanding that you can treat them as if
> they were in the EEA for data protection issues. There are very few
> companies who have signed up, however.
>
> If the transfer of employee information to the US is necessary, then the
8th
> principle doesn't apply anyway: you're covered by the standard exceptions
in
> Schedule 4 - 2(a) transfer necessary for the performance of a contract [of
> employment] between the data subject and the data controller. Probably
also
> 1, data subject given consent. In any case it would be good to cover
> yourself by getting consent, but I don't believe it's strictly necessary.
I
> would deem it reasonable for any UK employee of a company with a US parent
> to expect their data to be transferred to the US, so you could at a pinch
> take implied consent.
>
> Any other thoughts? Hope you're all enjoying the snow...
>
> Tim
>
> --
> Tim M. Wright
> Director - Technology Audit
> Charles Schwab Europe
> Tel:    +44 190 852 7793
> Mobile: +44 7932 669 074
> Fax:    +44 190 852 7593
>
>
>                 -----Original Message-----
>                 From:   Fiona Wilson [mailto:[log in to unmask]]
>                 Sent:   18 April 2001 12:01
>                 To:     [log in to unmask]
>                 Subject:        8TH PRINCIPLE/SAFE HARBOUR AGREEMENT
>
>                 Apologies if this has recently been discussed - we are a
UK
> subsiduary of an
>                 American company with approximately 550 employees in the
UK.
> We do transfer
>                 the personal data of our employees to the States.  We are
> hoping to adopt
>                 the Safe Harbour Principles and in the States the Chief
> Privacy Officer is
>                 speaking to companies who have already self-certified.  I
> was wondering if
>                 there is anyone from UK/Europe who is able to share their
> experiences of
>                 compliance with the Safe Harbour agreement with us.
>                 regards
>                 Fiona Wilson
>                 Data Protection Services Manager
>                 McKessonHBOC
>                 Tel no: 020 7819 5000
>                 Fax no: 020 7819 5100
>                 e-mail: [log in to unmask]
> <mailto:[log in to unmask]>
>
>
>
>
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